Calgary Herald… Is the tide of Canadian censorship finally starting to turn?
We are hopeful, though not tempted to complacency.
This week, the Alberta Human Rights Commission cited a string of recent court and commission climb-downs, in the reasons it gave for dismissing a complaint lodged against this newspaper and its corporate companion, the Edmonton Journal.
Naturally, the Herald –which has been very vocal on this issue for many years, if not decades– welcomes the decision.
However, it rests on an interpretation by a human rights commission of its own powers: The situation is thus somewhat comparable to the police investigating allegations of police misbehaviour. So, while it is a good thing that commissions are starting to realize how much they have exceeded the intentions of those who established them, a reduction of their powers must be cemented with new legislation, if free-speech rights are to be properly protected.
The case involving the Herald and the Journal arose from an editorial published in April 2002, which catalogued several allegations of duplicity, manipulation, atrocity and hypocrisy on the part of Palestinian leaders in their dealings with Israel.
At the time, reports of terrorist activity came almost daily, interspersed with the late Yasser Arafat’s protestations that all he wanted was peace: The matter was top of mind, and ripe for public examination. However, Muslim advocates complained that it was “likely to expose to hatred or contempt Palestinian Arabs and Muslims,” though there was no proof of that whatsoever and it was certainly not the intent.
Initially, the AHRC was inclined to agree, its 2004 Investigating Report finding “merit” to the complaint.
However, nearly five years later (and seven years after the original publication) it changed gears. “. . . Although offensive, the editorial does not infringe Section 3 of the Act . . . This is supported by recent case law since the issue of the Investigating Report,” wrote commission director Marie Riddle.
And, what did the new case law say? Continue Reading →


